Tribunals view on long hours
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THE SCOTTISH LA was right in principle to impose a substantial penalty on the Aberdeen Service Co (North Sea) Ltd at a public inquiry in March, according to the Transport Tribunal in Scotland.
Though the Tribunal disagreed with the LA in the imposition of a permanent penalty and felt that 12 months would not have been, excessive, the appeal was dismissed because the licence had less than 12 months to run.
The company had been before the Scottish LA in 1972 for overloading when its licence had been curtailed. Since then, 19 convictions had been recorded against the appellants and 21 against their drivers for excessive hours, making false entries, failing to enter and failing to cause to be entered a current drivers' record. In March nine vehicles and nine trailers were removed permanently from the company's licence leaving five vehicles and five trailers.
Mr J. B. T. Loudon, for the appellants, pointed out that there had been no overloading since 1972 and the convictions under consideration in March were of a different nature.
It was not contended that the LA should not have imposed a penalty, but that this should have been nominal.
The Tribunal took the view that long working hours were as inimical to road safety as long driving hours. Further, while it could be accepted that the appellants' directors were not aware of what was going on it was the duty of the holder of an 0 licence to ensure that offences were not committed by his employees. It was no defence to say that it was not known that the offences were being committed.